Mr. Garamendi (for
himself, Mr. George Miller of
California, Mr. Thompson of
California, Mr. McNerney,
and Ms. Matsui) introduced the
following bill; which was referred to the Committee on Natural
Resources

A BILL

To amend the Calfed Bay-Delta Authorization Act to
authorize the Secretary of the Interior to provide assistance to non-Federal
interests for levee stability improvements located within the Sacramento-San
Joaquin Delta related to Bureau of Reclamation Central Valley Project water
deliveries, and for other purposes.

1.

Short title

This Act may be cited as the
Shielding Against Flood Emergencies
Levee Act or SAFE Levee Act.

2.

Findings

Congress makes the following
findings:

(1)

For over 60 years, the Bureau of
Reclamation has used the channels and sloughs of the Sacramento-San Joaquin
Delta to facilitate the delivery of water to the Federal Central Valley Project
pumps located in the southern edge of the Delta.

(2)

The movement of
water through these waterways has created stress, degradation, and weakening of
the levees that are intended to protect adjacent land from flooding.

(3)

On July 25, 2012,
the Secretary of the Interior announced details of Federal support for a
proposed water project entitled the Bay Delta Conservation Plan, which calls
for a dual conveyance system that would transport water around the Delta using
an isolated conveyance facility, while also continuing to move water through
the Delta’s interior.

(4)

Under the Bay Delta Conservation Plan, the
Bureau of Reclamation will continue to rely on the Delta and its levees to
facilitate water deliveries to exporters until and after an isolated conveyance
facility is built.

(5)

Despite the Bureau of Reclamation’s vested
stake in the stability of these levees, the Department of the Interior has
failed to address levee stability in the Bay Delta Conservation Plan or through
any other rudimentary maintenance measures.

(6)

To ensure that
Central Valley Project water deliveries are not disrupted due to levee failure,
the Bureau of Reclamation should provide financial assistance to public levee
owners for maintenance and levee improvements.

The Secretary shall
establish a program to provide assistance to non-Federal interests for
stability maintenance and improvement on levees within the Sacramento-San
Joaquin Delta (as defined in Cal. Water Code §12220) that facilitate Bureau of
Reclamation water deliveries to Central Valley Project contractors. The
Secretary shall prioritize the projects for which assistance will be provided
under this paragraph based on the extent to which the levees covered by the
projects are necessary for Bureau of Reclamation water deliveries.

(B)

Form of
assistance

Assistance
provided under this paragraph may be in the form of financial assistance for
water-supply reliability related levee maintenance and improvements within the
Delta.

(C)

Limitations;
continued liability

The
Secretary may provide assistance for a levee stability maintenance and
improvement project under this paragraph only if the levee directly facilitates
deliveries of water for the Central Valley Project and is publically owned. The
provision of Federal assistance shall not be construed to change liability
associated with the levee.

(D)

Federal
share

The Federal share of
the cost of a levee stability maintenance and improvement project under this
paragraph may not exceed 50 percent of the total project costs. The assistance
may be provided in the form of grants or reimbursements of project
costs.

(E)

Implementation
costs

Costs associated with implementation of the program under
this paragraph may be considered a reimbursable Federal expenditure allocable
to Central Valley Project subunits south of the Delta that receive and benefit
from water conveyed through the Delta. Such costs shall be repayable by water
service contractors within those subunits.

(F)

Authorization of
appropriations

There is authorized to be appropriated such sums
as may be necessary to carry out this
paragraph.

.

4.

Evaluation of
benefits and costs of conveyance alternatives being considered under the Bay
Delta Conservation Planning process

(a)

Benefits and
costs analysis and evaluation

The Secretary of the Interior shall carry
out an analysis and evaluation of the costs and benefits of options for
facilitating conveyance of water deliveries to Central Valley Project
contractors being considered in the Bay Delta Conservation Planning process,
including at least one option that does not require the construction of one or
more water conveyance tunnels.

(b)

Required
elements

The analysis and evaluation under subsection (a) shall
include at a minimum the following:

(1)

The total project
costs, including environmental review, planning, design, construction,
mitigation, and all related expenses, and the methods for paying those
costs.

(2)

The expected
impacts of the project on taxpayers, water ratepayers, and the general fund of
the Treasury.

(3)

Whether the
analysis of the costs and benefits determines that the direct social and
environmental benefits of any proposed project or plan outweigh its social and
environmental costs over the analysis period.

(c)

Presentation

The
analysis conducted under subsection (a) shall be displayed as either the
quotient of benefits divided by costs representing the benefit to cost ratio,
the difference between benefits and costs representing the net benefits, or
both. The analysis shall include whether the present value of the proposed
project exceeds the present value of its net benefits over the life of the
project or plan.

(d)

Submission

The Secretary shall report the findings of
the analysis and evaluation conducted under subsection (a) to the Committee on
Natural Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate no later than June 30, 2013.